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(영문) 수원지방법원안양지원 2020.01.10 2018가합101685
해고무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a juristic person established pursuant to the Korean Racing Association Act for the purpose of fair enforcement of horse racing.

The Plaintiff is a person who obtained a lighting instructor license from the Defendant on July 1, 1996 and worked as a lighting teacher from November 1, 2012 when the Plaintiff was working as a lighting instructor.

B. On July 17, 2016, the Defendant collected intelligence that the Plaintiff and the receiver C received money from D, and participated in the offer of horse information. On July 17, 2016, the Defendant requested the investigation of the Plaintiff and C to the Suwon District Prosecutors’ Office.

On March 18, 2017, the defendant issued ad hoc measures with respect to the plaintiff and C until the time when the disciplinary measure is determined after the closure of investigation or the court ruling.

C. On December 28, 2017, the prosecutor of the Suwon District Prosecutors' Office located in the Suwon District Prosecutors' Office stated that "the plaintiff was issued one vehicle of 81,90,000 won at the market price in response to the illegal solicitation that he/she would provide horse information and get him/her away from D on May 23, 2013" as to the alleged violation of the Korean Racing Association Act that "the plaintiff was issued one vehicle of 81,90,000 won at the market price," there is no evidence to acknowledge that he/she was issued an illegal solicitation related to D. In addition, while the plaintiff purchased leraberberttt vehicles, it is deemed that the plaintiff had allowed D to pay the contract bond on behalf of the vehicle, but the plaintiff argued that it was a partial payment of the 50,000,000 won loan to D on April 14, 2009, and it is difficult to deem that the plaintiff was issued a non-prosecution disposition on the ground that the plaintiff was a non-prosecution."

On February 8, 2018, the Defendant: (a) held a punishment committee; (b) applied Article 108 Subparag. 22, 23, and 36 of the Marina Enforcement Rule to revoke the Plaintiff’s license for the steering staff (hereinafter “instant disposition”); and (c) notified the Plaintiff thereof on February 27, 2018.

The grounds for the instant disposition are as follows.

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